It will not have escaped our clients' attention that one of the biggest Employment Bills in recent history was published this month. If you missed our alert on the Bill and its implications please click here.
This month we are covering two discrimination cases – one looks at the question of whether English nationalism, which includes anti-Muslim beliefs, could be a protected belief under the Equality Act. The other considers whether an insult concerning a colleague's baldness could be considered harassment relating to sex.
We also consider a case on employment status and the Supreme Court's guidance on mutuality of obligations and control in contracts for short-term individual engagements.
Turning to legislation, we look in more detail at the new duty to prevent sexual harassment and consider the guidance for employers which was recently published by the Equality and Human Rights Commission.
Harassment: EAT confirms that an insult concerning a colleague's baldness could be considered harassment relating to sex
In this case the Employment Appeal Tribunal (EAT) held that an employee who had been referred to by a colleague as a "bald [expletive]" had been subjected to harassment relating to sex under section 26(1) of the Equality Act 2010 (EqA). Baldness was more prevalent in men, and the fact that women could also suffer from baldness did not mean that it could not be inherently related to sex.
Sexual harassment: EHRC publishes updated guidance on the new duty to prevent sexual harassment in the workplace
On 26 October 2024, a duty on employers to take "reasonable steps" to prevent sexual harassment in the workplace will come into force. The Equality and Human Rights Commission (EHRC) has recently published its updated technical guidance on sexual harassment and harassment at work with the aim of helping employers to navigate, and comply with, this new duty. The updated technical guidance follows a short period of consultation this summer. Alongside the full guidance, the EHRC has produced a simple 8-step plan for employers. We take a look at this new guidance.
Religion or belief discrimination: EAT upholds tribunal decision that belief in English nationalism which included anti-Muslim beliefs was not a protected belief under the Equality Act
In this case the Employment Appeal Tribunal (EAT) held that a belief in English nationalism could, in theory, be a protected belief under section 10 of the Equality Act 2010 (EqA). However, as the claimant's belief in English nationalism included a belief that there is no place in British society for Muslims or for Islam, his belief did not qualify for protection. Whilst the claimant was not prevented from holding his views, he did not have the right to bring a claim under the EqA that he had been discriminated against in relation to them.
Employment status: Supreme Court gives guidance on mutuality of obligations and control in contracts for short-term individual engagements
In this case the Supreme Court held that the individual match contracts on which part-time football referees were engaged contained sufficient mutuality of obligations and control that they could give rise to employment status for tax purposes. The Court sent the case back to the First-tier Tribunal (FTT) to assess whether those contracts were in fact employment contracts. This case will be of particular interest to employers who make significant use of freelancers and / or rely on bank staff.
